[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26584-26586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11846]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0488]
RIN 1625-AA00


Safety Zone; Columbia River, Goble, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone along 
the navigable waters of the Columbia River in Goble, OR. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by vessel removal and 
remediation operations

[[Page 26585]]

near the vessel RIVER QUEEN. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
Columbia River or a designated representative.

DATES: This rule is effective without actual notice from June 8, 2017 
until 11:59 p.m. on June 30, 2017. For the purposes of enforcement, 
actual notice will be used from June 1, 2017, until June 8, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0488 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Laura Springer, Waterways Management Division, 
Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because to do so would be impracticable since 
delayed promulgation may result in injury to the maritime public or 
response personnel, and damage to vessels, equipment, and the marine 
environment. in the vicinity of the affected area from the hazards 
associated with vessel removal and remediation operations.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register because such a delay may 
result in injury or damage to response personnel, vessels, and 
equipment; the maritime public; and/or the marine environment in the 
vicinity of the affected area from the hazards associated with vessel 
removal and remediation operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Columbia River (COTP) has determined that 
potential hazards associated with vessel removal and remediation 
operations starting June 1, 2017, will be a safety concern for anyone 
within a designated area surrounding the vessel RIVER QUEEN. This rule 
is needed to protect personnel, vessels, and the marine environment in 
the navigable waters within the safety zone while the removal and 
remediation operations are occurring.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. June 1, 2017, 
through 11:59 p.m. June 30, 2017. If the safety concerns are abated 
before June 30, 2017, the Captain of the Port, Columbia River will 
issue a general permission to enter the zone and a separate rule to 
terminate the effective period of this rule. This safety zone covers 
all navigable waters of the Columbia River surrounding the vessel RIVER 
QUEEN located in Goble, OR, encompassed by these points: 46[deg]00.566 
N., 122[deg]52.34 W.; 46[deg]00.657 N., 122[deg]52.34 W.; 46[deg]00.658 
N., 122[deg]52.45 W.; and 46[deg]00.563 N., 122[deg]52.43 W. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters during vessel removal and 
remediation operations. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This temporary final rule 
has not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, the NPRM has not been reviewed by 
the Office of Management and Budget (OMB), and pursuant to OMB guidance 
it is exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be able 
to safely transit around this safety zone which will impact a small 
designated area of the Columbia River in Goble, OR for a month and 
during a time of year when vessel traffic is normally low. Moreover, 
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's

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responsiveness to small business. If you wish to comment on actions by 
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule adjusts rates in accordance with applicable statutory and 
regulatory mandates. It is categorically excluded under section 2.B.2, 
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor 
regulatory changes that are editorial or procedural in nature. A Record 
of Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T13-0488 to read as follows:


Sec.  165.T13-0488  Safety Zone; Columbia River, Goble, OR.

    (a) Location. The following area is designated safety zone: All 
navigable waters of the Columbia River surrounding the vessel RIVER 
QUEEN located in Goble, OR, encompassed by a line connecting the 
following points: 46[deg]00.566 N., 122[deg]52.34 W.; 46[deg]00.657 N., 
122[deg]52.34 W.; 46[deg]00.658 N., 122[deg]52.45 W.; and 46[deg]00.563 
N., 122[deg]52.43 W.
    (b) Enforcement period. This safety zone is in effect from June 1, 
2017 until June 30, 2017. It will be subject to enforcement this entire 
period unless the Captain of the Port, Columbia River (COTP) determines 
it is no longer needed in which case the COTP will issue a general 
permission to enter the zone and a separate rule to terminate the 
effective period of this rule. The Coast Guard will inform mariners of 
any change to this period of enforcement via Broadcast Notice to 
Mariners.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subpart C, no person may enter or remain in the safety 
zone created in this section or bring, cause to be brought, or allow to 
remain in the safety zone created in this section any vehicle, vessel, 
or object unless authorized by the Captain of the Port or his 
designated representative.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer may enforce the rules in this section.

D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2017-11846 Filed 6-7-17; 8:45 am]
BILLING CODE 9110-04-P